Common use of No Estoppel Clause in Contracts

No Estoppel. DB Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after Final Acceptance, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by DB Contractor, or from showing that the Work or materials do not conform in fact to the requirements of the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the Contract Documents.

Appears in 10 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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No Estoppel. DB Contractor shall not be relieved of obligations to perform the Work Maintenance Services in accordance with the Contract CMC Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after Final Acceptancemade, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work Maintenance Services performed and materials furnished by DB Contractor, or from showing that the Work Maintenance Services or materials do not conform in fact to the requirements of the Contract CMC Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and its Guarantor(s) Guarantors or Surety(ies) Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the Contract CMC Documents.

Appears in 9 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

No Estoppel. DB Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract DBA Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate estimate, or certificate made either before or after Final Acceptance, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by DB Contractor, or from showing that the Work or materials do not conform in fact to the requirements of the Contract DBA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and its Guarantor(s) Guarantor or Surety(ies) Surety such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the Contract DBA Documents.

Appears in 3 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

No Estoppel. DB Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after Final AcceptanceAcceptance of the Project, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by DB Contractor, or from showing that the Work or materials do not conform in fact to the requirements of the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and its Guarantor(s) Guarantors or Surety(ies) Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the Contract Documents.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

No Estoppel. DB Contractor Developer shall not be relieved of obligations to perform the Work in accordance with the Contract CDA Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after Final Acceptance, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by DB ContractorXxxxxxxxx, or from showing that the Work or materials do not conform in fact to the requirements of the Contract CDA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor Developer and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of DB ContractorDeveloper’s failure to comply or to have complied with the terms of the Contract CDA Documents.

Appears in 1 contract

Samples: Comprehensive Development Agreement

No Estoppel. DB Contractor Fabricator shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after Final Acceptance, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work work performed and materials furnished by DB ContractorFabricator, or from showing that the Work work or materials do not conform in fact to the requirements of the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor Fabricator and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of DB ContractorFabricator’s failure to comply or to have complied with the terms of the Contract Documents.

Appears in 1 contract

Samples: Comprehensive Development Agreement

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No Estoppel. DB Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract DBA Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate estimate, or certificate made either before or after Final Acceptance, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by DB Contractor, or from showing that the Work or materials do not conform in fact to the requirements of the Contract DBA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the Contract DBA Documents.

Appears in 1 contract

Samples: Design Build Agreement

No Estoppel. DB Contractor Integrator shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, or any of its Warranty Warranty, maintenance or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after a Final Acceptance, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by DB ContractorIntegrator, or from showing that the Work or materials do not conform in fact to the requirements of the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor Integrator and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of DB ContractorIntegrator’s failure to comply or to have complied with the terms of the Contract Documents.

Appears in 1 contract

Samples: Statewide Toll System Integration and Maintenance Agreement

No Estoppel. DB Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after Final AcceptanceAcceptance of the Project, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by DB Contractor, or from showing that the Work or materials do not conform in fact to the requirements of the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the Contract Documents.

Appears in 1 contract

Samples: Design Build Agreement

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